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Thursday, 15 June 2017

SENATE SNUBS LGBTI HEALTH REPORT

Senators in Swaziland threw
out a motion to make a report on access to health facilities for lesbian, gay,
bisexual, transsexual and/or intersexual (LGBTI) people because it was ‘discrimination’
in favour of them.

The Swazi Observer reported, on Tuesday (13 June 2017), ‘Senator Phumelela,
who was very critical of the motion, said she wanted to know from the mover if
people of the LGBTI community suffered sicknesses different from heterosexual
people.

‘“Is their flu different
from our flu, because I don’t understand why they would need special treatment
if they get sick the same way that we do,” she said. She further urged senators
to be wary of this motion because it would come back to haunt the nation one
day.’

It added, ‘When throwing
out the motion the senators said it was discriminatory from where they were
standing as the mover was calling for the special treatment of the LGBTI
community in health facilities.’

Senator Lindiwe Ngwenya,
who moved the motion for a report, said LGBTI people were, ‘met with
resistance when visiting health facilities as nurses and doctors had an
attitude towards them’.

The Observer reported, ‘She further stated that it was important that
they also get appropriate access to health facilities like heterosexual people
if the country was serious about fighting illnesses like cancer and HIV.

‘Ngwenya further
substantiated that LGBTI people were also normal human beings who had to be
afforded equal rights as enshrined in the constitution of the land and one of
such was access to health facilities.’

TheTimes of Swaziland reported the debate threw the Senate into ‘chaos’.
It said, ‘As they made their submissions, the senators turned the House into a
place of laughter as they would use examples to describe how LGBTIs engaged in
sexual games, which they said was wrong and put them at risk of infections. The
senators were also agitated by Ngwenya’s submission that LGBTIs were a creation
of God.’

It added, ‘The statement
turned the debate away from its initial focus on access to health, with
Ngwenya’s colleagues demanding to know the Bible verse which talked about
sexual orientation as God’s creation, while there was also a question on
whether it was procedural to use the name of the Almighty when debating in
Parliament. “I heard the mover saying that these people were created by God,
which means that even their sexual orientation is God’s creation, which
according to me is a big mistake. Akasikhombise
leli-verse (she must show us the verse),” submitted Senator Prince Fipha.’

There is a great
deal of prejudice against LGBTI people in Swaziland. In May 2016, Rock of Hope, which
campaigns for LGBTI equality in Swaziland, reported to the United Nations
Universal Periodic Review on Swaziland that laws, social stigma and prejudice prevented LGBTI
organisations from operating freely.

The report, presented jointly
with three South African-based organisations, stated, ‘In Swaziland sexual
health rights of LGBTI are not protected. There is inequality in the access to
general health care, gender affirming health care as opposed to sex affirming
health care and sexual reproductive health care and rights of these persons.
HIV prevention, testing, treatment and care services continue to be
hetero-normative in nature only providing for specific care for men born as
male and women born as female, thereby leaving out trans men and women as an
unprotected population which continues to render the state’s efforts at
addressing the spread and incidence of HIV within general society futile.’

The report added, ‘LGBTIs are
discriminated and condemned openly by society. This is manifest in negative
statements uttered by influential people in society e.g., religious,
traditional and political leaders. Traditionalists and conservative Christians
view LGBTIs as against Swazi tradition and religion. There have been several
incidents where traditionalists and religious leaders have issued negative
statements about lesbians.

‘Human rights abuses and
violations against members of the lesbian, gay, bisexual, transgender and
intersex population continue to go undocumented, unreported, unprosecuted and
not addressed.’

It added, ‘There is no
legislation recognizing LGBTIs or protecting the right to a non-heterosexual
orientation and gender identity and as a result LGBTI cannot be open about
their orientation or gender identity for fear of rejection and discrimination.
For example, the Marriage Act, only recognizes a marriage or a union between a
man and a woman. Because of the absence of a law allowing homosexuals to
conclude neither marriage nor civil unions, same-sex partners cannot adopt children
in Swaziland.’

The report made seven
recommendations to the Swazi Government, including to review laws that
undermine LGBTI persons’ rights in particular and human rights in general
especially as they conflict with the Constitution; and to ensure prosecution of
State agents who commit human rights violations against LGBTI individuals and
their organizations.